IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47328 OF 2014 (GM-POLICE) BETWEEN:
THE NEW INDIA ASSURANCE CO LTD., REGIONAL OFFICE NO.2-B, UNITY BUILDING ANNEX,MISSION ROAD, BENGALURU-560 027, REPRESENTED BY ITS MANAGER, SRI SELVAM, S/O T. P. RANGASWAMY, AGE 54 YEARS.
(By MR. C. R. RAVISHANKAR, ADV.) AND:
1. STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS CHIEF SECRETARY.
2. SUPERINTENDENT OF POLICE CHITRADURGA DISTRICT, CHITRADURGA – 577 501.
… PETITIONER 3. INSPECTOR OF POLICE AIMANGALA POLICE STATION, CHITRADURGA DISTRICT – 577 501.
4. SRI. KRISHNA K AGE 36 YEARS S/O LATE SUBBA REDDY K, PWD CONTRACTOR, 6TH CROSS, JCR EXTENSION, BEHIND PVS HOSPITAL, CHITRADURGA - 577 501.
… RESPONDENTS (By SMT. NILOUFER AKBAR, AGA FOR R1 TO R3;
SMT. SPOORTHY HEGDE NAGARAJA, ADV. FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE SUPERINTENDENT OF POLICE, CHITRADURGA DISTRICT, CHITRADURGA, TO REINVESTIGATE INTO THE ACCIDENT CASE IN CRIME NO.70/2011 TO ASCERTAIN THE TRUTH OR OTHERWISE OF THE ALLEGED ACCIDENT AND REPORT, IN PURSUANCE OF THE REPRESENTATION DATED 08.05.2014 SUBMITTED BY THE PETITIONER INSURANCE COMPANY AS PER ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. C.R. Ravishankar, learned counsel for the petitioner.
Smt. Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 3.
In this petition, petitioner inter alia seeks writ of mandamus to the Superintendent of Police, Chitradurga District, Chitradurga, to reinvestigate into the accident case in Crime No.70/2011 to ascertain the truth or otherwise of the alleged accident and report, in pursuance of the representation dated 08.05.2014 submitted by the petitioner Insurance Company as per Annexure-F.
2. When the matter was taken up today, learned Additional Government Advocate has filed a memo stating that Crime No.70/2011 has been converted to C.C.No.785/2011 on the file of the Additional Civil Judge and JMFC, Hiriyur. By order dated 03.07.2015, the accused has been acquitted in the said case.
3. The aforesaid memo is taken on record.
4. In view of the aforesaid memo, writ petition has been rendered infructuous on account of efflux of time and does not survive for consideration.
5. Accordingly, writ petition is dismissed as having become infructuous.
Sd/- JUDGE Mds/-